Paragraph numbers below are the court’s original numbering, recovered from the source text.
12. Felt aggrieved, the appellant filed two writ petitions before the High Court. By impugned orders, the High Court dismissed the writ petitions and affirmed the order of the Rent Tribunal giving rise to filing of the appeals by special leave by the plaintiff/applicant before this Court. M/S CHAKRESHWARI CONSTRUCTION PVT. LTD. v. MANOHAR LAL [ABHAY MANOHAR SAPRE, J.]
13. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeals and while setting aside of the impugned orders, allow the aforementioned applications of the appellant.
14. The principle applicable for deciding the application made for amendment in the pleadings remains no more res integra and is laid down in several cases. In the case of Revajeetu Builders and Developers vs. Narayanaswamy & Sons and Others, (2009) 10 SCC 84, this Court, after examining the entire previous case law on the subject, culled out the following principle in Para 63 of the judgment which reads as under: "63. On critically analysing both the English and Indian cases, some basic principles emerge which ought to be taken into consideration while allowing or rejecting the application for amendment: c (1) whether the amendment sought is imperative for proper and effective adjudication of the case; (2) whether the application for amendment is bona fide or mala fide; (3) the amendment should not cans~ such prejudice to the other side which cannot be compensated adequately in terms of money; (4) refusing amendment would in fact lead to injustice or lead to multiple litigation; (5) whether the proposed amendment constitutionally or fundamentally changes the nature and character of the case; and (6) as a general rule, the court should decline amend111ents if a fresh suit on the amended claims would be barred by limitation on the date of application. These are some of the important factors which may be kept in mind while dealing with application filed under Order 6 Rule 17. These are only illustrative and not exhaustive." c (2017] I S.C.R.
15. Applying the aforesaid principle of law to the facts of the case at hand, we are of the considered opinion that the amendment proposed by the appellant so also the permission sought for filing additional documents des_erved to be allowed.
16. It is for the reasons that firstly, the amendment proposed did not change the nature of the case originally set up by the appellant in the eviction petition; Secondly, the amendment did not introduce any.fresh cause of action; Thirdly, the amendment was relevant for deciding the question of subletting and availability of alternative accommodation with the respondent; Fourthly, the facts proposed in the amendment not being in the personal knowledge of the appellant and having obtained from the concerned State department recently, the same could be allowed to be brought on record for its consideration; Fifthly, no prejudice was likely to be caused to the respondent, ifthe applications had been allowed because the respondent in such eventuality would have got an opportunity to · make consequential amendment i11'his written statement and file additional · documents in rebuttal; and lastly, in order to prove the case, the amendment proposed and permission to file documents should have been granted.
17. It is true that there was some delay on the part of the appellant in filing the applications but, in ouropinion, the appellant had explained the delay. One cannot dispute that in appropriate cases, the parties are permitted to amend their pleadings at any stage not only during the pendency of the trial but also at the first and se.cond appellate stage with the leave of the Court provided the amendment proposed is bonafide, relevant and necessary for deciding the rights of the parties involved in the /is.
18. Similarly, the law also permits the parties to file additional· evidence at any stage of the trial [Order 7 Rule 14 (3)] including at the first or/and second appellate Stage (Order 41 Rule 27) with the leave of the Court provided a case is made out to seek such indulgence.
19. In this case, we find that the appellant has made out the case in support of their two applications under consideration.
20. In the light of foregoing discussion, we cannot c_oncur with the reasoning and the \'Onclusion of the Courts below, which wrongly resulted in dismissal of the two applications filed by the appellant. MIS CHAKRESHWARl CONSTRUCTION PVT. LTD. v. MANOHAR LAL [ABHAY MANOHAR SAPRE, J.]
21. The appeals thus succeed and are accordingly allowed. Impugned orders and the order dated 26.02.2014 passed by the Rent Tribunal are set aside. As a consequence, the applications made by the appellant for amendment of the eviction petition and the application made for filing additional documents are allowed and the documents, as prayed for, are allowed to be taken on record. To meet the ends of justice, the respondent shall pay cost of Rs.1500/- to the appellant.
22. The respondent is also granted opportunity to make consequential amendment in the written statement and is further granted liberty to file any additional documentary evidence, if he so desires to file in rebuttal. Parties are also granted I iberty to adduce any further oral evidence in support of their case in addition to what has already been led.
23. The Tribunal shall conclude the proceedings and pass final orders within three months from the date of receipt of copy of this judgment. The parties are directed to appear before the Rent Tribunal on 20.02.2017 to enablethe .Rent Tribunal to conclude the proceedings. Kalpana K. Tripathy Appeals allo\\·ed. c